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Inc. - Ohio, U.S.A.
Services provided by
Help4Hosters
Web Design Agreement
"Help4Hosters" refers to the Help4Hosters company providing web design services under and complying with all of the terms of this Agreement. "YOU" refers to an individual or a company that desires to substantially reduce the cost of the web design needs and wishes to purchase the web design services from Help4Hosters. By using the Help4Hosters Web Design Services, as our Customer YOU agree to all of the terms and conditions of this Agreement. If YOU do not agree to these terms, or any other Terms and Conditions posted on the Help4Hosters web site, all services will be discontinued. WHEREAS, YOU desire to have a web design project carried out by Help4Hosters; WHEREAS, Help4Hosters is willing to assume responsibility for such design project, all in accordance with the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual promises and agreements set forth in this Agreement, Help4Hosters and YOU agree as follows: Subject Matter of the Agreement ------------------------------- During the term of this Agreement, Help4Hosters shall be YOUR provider of, and YOU shall purchase from Help4Hosters, the Web Site Design Services (collectively, the "Design Services"), subject to the terms and conditions specified in this Agreement. By mutual agreement the ready web design work can also be installed on the YOUR web space on an Internet Service Provider's computer/server. In this case, the YOU authorize Help4Hosters to access this account, and provide Help4Hosters with "write permission" for YOUR web page directory, cgi-bin directory, and any other directories or programs that need to be accessed for this project. Term of the Agreement. Termination of the Agreement --------------------------------------------------- Term This Agreement shall commence on the day when YOU order any of web design projects available at Help4Hosters.com web site ("Effective Date") and continue till the final delivery of web design project form the Effective Date unless terminated by YOU upon written notice to Help4Hosters. Termination Termination of the Agreement. This Agreement shall terminate (i) upon expiration of the Agreement; or (ii) upon twenty (20) days advance written notice of termination from YOU that YOU are willing to terminate the Agreement. YOUR letter of termination will be effective upon receipt by Help4Hosters. Upon termination, Help4Hosters will be reimbursed for all costs and non-cancelable commitments incurred in the performance of the scope of work and for which YOU have not yet paid. Terms and Conditions -------------------- (i) YOU will formulate and agree upon the technical task of web design project with Help4Hosters. (ii)YOU shall provide Help4Hosters by email with all graphic and text materials necessary for development of the design project within 3 business days from the moment of the order of web design project at Help4Hosters.com web site. (iii) If YOU order Flash intro for the web site, YOU shall provide Help4Hosters with basic scenario of the desirable intro. (iv) Help4Hosters shall work out the first template, place it online on a demo web site and show it to YOU within 10 business days from the date of the receipt of the materials from YOU. (v) In case there is a need to make changes to the design template provided by Help4Hosters, YOU will clearly formulate the list of changes and send it to Help4Hosters by email. Help4Hosters undertakes to provide YOU with a new version of the template within 3 business days from the date of receipt of the list of changes, if the changes do not require a significant alteration of the design template. If the changes are significant, Help4Hosters informs YOU about the time required to make changes and agrees with YOU upon the amount of work and possible changes in fees required to make the changes. (vi) In case there are no remarks to the created design template, YOU inform Help4Hosters of YOUR approval of the template by email. (vii) (if YOU order an HTML template) Help4Hosters creates an HTML template on the basis of the created graphic design template within 15 business days. Help4Hosters demonstrates the HTML template during 5 business days on its demo web site. If YOU have any remarks with regards to the implemented HTML template, YOU formulate the remarks and send them by email to Help4Hosters. The design is corrected after agreement with YOU upon the amount of work. (viii) In case of absence of the remarks with regards to this template from YOUR side, the design work is considered to be finished. (ix) If at the certain stage of the work on the design project YOU and Help4Hosters come to an agreement that in order to meet YOUR new requirements, there will be a need to work on the project for longer than it is initially assessed, YOU can purchase additional person-hours required for completion of the project according to the following Fees for Additional hours: web design (graphics, Flash): $7/hour; site coding (HTML, PHP, JavaScript): $5/hour. Responsibility -------------- Your Responsibility ------------------- YOU guarantee that YOUR web site does not have offensive content, which includes illegal adult materials, hate views, distribution of illegal substances, images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise). YOU shall provide Help4Hosters, at no charge, with all necessary, accurate, and reliable information, including files, documents and any elements of text, graphics, photos, designs, trademarks and other records required by Help4Hosters to perform the Web Design Services (the "Confidential Data"). You undertake to pay for the Web Design Project carried out by Help4Hosters fully and in time in accordance with Pricing set forth in the Agreement. YOUR sole and exclusive obligation if YOU decide to terminate this Agreement upon written notice to Help4Hosters is to pay Help4Hosters all fees for the work already done for the period beginning on the Effective Date and before termination of the Agreement. Responsibility of Help4Hosters ------------------------------ Help4Hosters warrants that it will use all reasonable efforts to perform the Design Services YOU ordered. Help4Hosters unconditionally warrants that all Confidential Data owned by YOU, or that YOU have permission from the rightful owner to use each of these elements, will remain in YOUR full and legal property and will not be used by Help4Hosters or any related third party. Pricing of Web Design Projects. Terms of Payment ------------------------------------------------ Pricing is listed on the Help4Hosters.com web site on 'Web Design' page: http://help4hosters.com/ser_webdesign.php Fees to Help4Hosters are due and payable on the following schedule: YOU choose the web design project you want Help4Hosters to perform for YOU; YOU order it through Help4Hosters.com web site, and pay 100% of the cost of the design project upfront, if the total amount of the web design project is less or equal to $300 US. If the cost of the web design project exceeds $300 US, YOU will pay Help4Hosters 50% of the fee upfront, and the remaining 50% of the fee upon the final delivery of the web design project to YOU. Payment to Help4Hosters will be made in US dollars with credit card through 2CheckOut.com. Copyright to Web pages ----------------------- YOU own copyright to the finished web design work produced by Help4Hosters upon final payment of all fees according to this Agreement. When all the fees are paid to Help4Hosters, YOU are assigned rights to use the design, graphics, and text contained in the finished web design project. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the YOU, and remain the property of their respective owners. Help4Hosters retains the right to display graphics and other web design elements as examples of Help4Hosters design work in tthe respective portfolios upon YOUR consent. Termination of the Agreement. Refund Policy ------------------------------------------- Termination of the Agreement ---------------------------- This Agreement shall terminate (i) upon expiration of the Term; or (ii) upon ten (10) days advance written notice of termination from YOU that YOU are willing to terminate the Agreement. YOUR letter of termination will be effective upon receipt by Help4Hosters. Upon termination, Help4Hosters will be reimbursed for all costs and non-cancelable commitments incurred in the performance of the scope of work and for which YOU have not yet paid. Refund Policy ------------- If YOU apply by a registered letter for a refund, web design (graphics, Flash) work already completed shall be billed at the hourly rate of $7 (seven) US dollars; site coding (HTML, PHP, JavaScript) work shall be billed at the hourly rate of $5 (five) US dollars and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, you shall be liable to pay for all work completed at the above-mentioned hourly rates. MISCELLANEOUS ------------- This Agreement represents the complete and exclusive statement of the agreements concerning these services between you and Help4Hosters and supersedes all prior agreements and representations between you and Help4Hosters. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH IN THIS AGREEMENT.
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